PUB. BROAD. MKTG., INC. v. TRS. OF UNIV. OF PENNSYLVANIA


216 A.D.2d 103 (1995)

628 N.Y.S.2d 104

Public Broadcast Marketing, Inc., Appellant, v. Trustees of University of Pennsylvania, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 15, 1995


Inasmuch as plaintiff's own memoranda show that the term of the alleged oral contract was to run for approximately 19 months without an option in either party to terminate, the alleged contract was correctly found to be not capable of performance within a year and thus barred by the Statute of Frauds (General Obligations Law § 5-701 [a] [1]; D & N Boening v Kirsch Beverages, 63 N.Y.2d 449). Defendant's $7,000 payment made...

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